- 1 - HC-KAR NC: 2025:KHC-D:8839 WP No. 101911 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101911 OF 2025 (KLR-RR/SUR) BETWEEN: MR. MOHAMMED IMAM BAGWAN AGE: 86 YEARS, OCC: AGRICULTURE, R/O. JAMADAR GALLI, CHIKKODI, DIST: BELAGAVI-591201. …PETITIONER (BY SRI. S.H.YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU-560001. 2. DEPUTY COMMISSIONER BELAGAVI, DIST: BELAGAVI-590001. 3. ASSISTANT COMMISSIONER CHIKKODI, DIST: BELAGAVI-591201. 4. THE TAHASILDAR CHIKKODI, DIST: BELAGAVI-591201. 5. KARNATAKA STATE BOARD OF WAQF BY ITS CHIEF EXECUTIVE OFFICER, CUNNINGHAM ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI. M.M.KHANNUR, AGA FOR R1 TO R4; SRI. B.MOHAMMED ALI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTION QUASHING MUTATION ENTRY BEARING MR NO.H67 DATED 14/09/2020 PASSED BY RESPONDENT NO.4 PRODUCED AT VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8839 WP No. 101911 of 2025 ANNEXURE-C AND QUASH THE ENTRY MADE BY RESPONDENT NO.4 VIDE ANNEXURE-B IN ROR IN COLUMN NO.11 IN PROPERTY BEARING R.S.NO.413/1 MEASURING 2 ACRES 00 GUNTHAS SITUATED AT HIREKODI VILLAGE, TALUKA CHIKKODI, DISTRICT, BELAGAVI AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel Sri.Shadab H.Yadawad for the petitioner. Learned AGA Sri.M.M.Khannur accepts notice for respondent Nos.1 to 4. Registry to show the name of the learned counsel Sri.B.Mohammed Ali for respondent No.5 instead of Sri.Ahmed Ali in the cause list. 2. This petition is filed by the petitioner seeking to quash mutation entry bearing M.R. No.H67 dated 14.09.2020 passed by 4th respondent and the entry made at Annexure-B and consequently direct respondent No.4 to enter the name of the petitioner in column No.11 of the Revenue Records in respect of R.S.No.413/1 measuring 2 acres situated at Hirekodi village, Chikkodi taluk, Belagavi district. - 3 - HC-KAR NC: 2025:KHC-D:8839 WP No. 101911 of 2025 3. The petitioner contends that he is the absolute owner in possession and enjoyment of the land bearing R.S.No.413/1 measuring 2 acres situated at Hirekodi village, Chikkodi taluk, Belagavi district. The Land Tribunal granted occupancy rights in favour of the petitioner. Based on the aforesaid grant of occupancy rights, petitioner’s name is entered in the record of rights. 4. This being the state of affairs, the revenue authorities without any basis, cogent reason and without affording any opportunity or issuing notice to the petitioner and in violation of principles of natural justice and so also the provisions of Sections 128 and 129 of the Karnataka Land Revenue Act, has entered the name as “Waqf property” in Column No.11 of record of rights in respect of aforesaid petitioner’s land. The petitioner, aggrieved by the said order of change of entry in the name of respondent No.5, is before this Court. 5. The vehement contention of learned counsel for the petitioner is that respondent Nos.1 & 2-authorities - 4 - HC-KAR NC: 2025:KHC-D:8839 WP No. 101911 of 2025 have neither issued notice nor heard the petitioner while passing the impugned order and have changed the entry in the name of respondent No.5 in Column No.11 of the Record of Rights. 6. The fundamental rule of law is that while Government and other authorities pass any order, it is incumbent upon them to issue notice to the aggrieved/concerned party and provide reasonable opportunity of hearing to the party and pass suitable orders in accordance with law. In the present case, admittedly, no notice has been issued to the petitioner by respondent No.4, which is in clear violation of principles of natural justice. 7. In view of above discussion, I proceed to pass the following: ORDER i. Petition is allowed. ii. Mutation entry dated 14.09.2020 bearing MR.No.H67 passed by respondent No.4 vide Annexure-C is quashed and the entry made at - 5 - HC-KAR NC: 2025:KHC-D:8839 WP No. 101911 of 2025 Annexure-B is hereby quashed. The entry in the name of respondent No.5 in column No.11 of Record of Rights in respect of land bearing R.S.No.413/1 measuring 2 acres situated at Hirekodi village, Chikkodi taluk, Belagavi district, shall be deleted and the name of the petitioner shall be restored. iii. Liberty is reserved to respondent Nos.1 to 4 to initiate fresh enquiry by issuing notice to the petitioner, if called for and if so advised. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK List No.: 1 Sl No.: 118